European Court of Justice rules that OTAs can no longer enforce hotel price parity
Links on Head for Points may support the site by paying a commission. See here for all partner links.
A long time ago, at the dawn of the internet, hotel groups made some very big mistakes when dealing with nascent online travel agents.
Scared of being left behind, they entered into agreements that tied them into stupidly high commission levels – 22% is the norm – and ‘price parity’ agreements.
The airlines were not so stupid, and have mainly stopped paying commissions to agents with no real impact. This is another story, however.

‘Price parity’ was a crazy thing to agree. Hotel groups basically promised Expedia Group and Booking.com – which control the majority of online hotel booking sites globally, even if its not always obvious from the branding – that they would always have the lowest price.
It left hotels unable to discount their rooms via their own or other third party channels, because if they did they were obliged to immediately offer the same rate via the ‘big three’.
One way around this was the introduction of ‘member rates’. Hotels big and small now promise better rates if you join their loyalty programme or register on their website. This gets around ‘price parity’ rules because the discount is given to a ‘closed group’ – even if the closed group is 200 million people strong, which is the size of Hilton Honors and Marriott Bonvoy.
The ECJ steps in
The European Court of Justice has had enough of this. Some countries such as Germany had already banned ‘price parity’ deals but the issue had finally made it to the ECJ.
On 19th September, it ruled against Booking.com’s use of price parity clauses in its hotel contracts.
The ruling states that ‘price parity’ restrictions are unnecessary and could reduce competition because it makes it difficult for hotels to differentiate their pricing strategies.

Previous legal judgements had meant that ‘price parity’ rules could no longer cover other online travel agents. Current contracts typically only compare what is being charged by the hotel directly with the price offered via the OTA. In reality, this still means that Expedia Group, Booking.com and Priceline will end up charging the same because each insists that the hotel does not undercut their rate.
In their defence, online travel agents claim that they will lose out. The agents provide a helpful service for you by listing, say, all 4-star hotels with a swimming pool in a specific area of London, but customers would then go off and book their preferred choice directly if it is cheaper.
This isn’t the end of ‘price parity’ just yet
Don’t expect hotel prices to change immediately though:
- the UK isn’t covered by ECJ rulings any longer, so it would require the Competition & Markets Authority in the UK to agree a parallel deal
- this deal only applies to Booking.com, although there is no doubt that Expedia Group, Agoda and Trip.com will have to change their own contracts too
- there is a concern that hotels which do start offering cheaper rates than the portals will see themselves demoted to Page 26 or similar of Booking.com’s property results, so it isn’t certain that properties will start breaking ranks
There is a more technical, but still easy to read, summary of the story on the LegalDive website here.
PS. If you are not a regular Head for Points visitor, why not sign up for our FREE weekly or daily newsletters? They are full of the latest Avios, airline, hotel and credit card points news and will help you travel better. To join our 65,000 free subscribers, click the button below or visit this page of the site to find out more. Thank you.

Hotel offers update – April 2025:
Want to earn more hotel points? Click here to see our complete list of promotions from the major hotel chains or use the ‘Hotel Offers’ link in the menu bar at the top of the page.
Want to buy hotel points?
- Hilton Honors is offering a 100% bonus when you buy points by 29th May 2025. The annual purchase limit is also increased to 240,000 points pre-bonus. Click here to buy.
Comments (50)